Criminal Justice Policy Formulation Participants Dissertation

Brief description of the Final Paper

The final paper will dwell on the constitutional issues connected to the Fourteenth Amendment and discuss the implications it has for society. The key objective of the final paper is to explain the issues inherent in the contents of the legislation and its ability to provide administrative equal protection to all the citizens of the United States of America. Therefore, the phenomenon of administrative constitutionalism and fairness of the legislation will be debated based on Tani’s (2015) research on the issue.

Explanation of the Basic Premises of the Author

The author is concerned with public safety and the approaches applied by the government when it comes to the provision of equal protection. The core author’s premise is that the rights of the poor and federal legislation do not correspond to the constitutional meaning of the Equal Protection Clause (Tani, 2015). Another idea is that the authority shifted from the courts to the federal agencies and it critically impacts the way criminal justice policies are currently functioning. The author underlines the unfairness of the current approach and believes that certain measures should be applied.

Summary of the Journal Article

In her 2015 research, Tani discusses the notion of administrative constitutionalism and the history of the Equal Protection Clause. She focuses on the stages of the policy’s development and outlines an interpretation of the Social Security Act. Tani (2015) stresses the critical significance of cooperation within the framework of the current legislation and discusses the limited opportunities of the poor that are commonly disregarded by the US federal agencies. The author of the article also summarizes the way that the rights of the poor are currently perceived and interpreted by society and the legislative body.

Examination of the Recommendations of the Author

Tani (2015) recommends to thoroughly review the three major areas of the US legal system – constitutional law, federalism, and administrative law. She realizes the discretion that is connected to the Social Security Act and believes that the outdated outlook should be re-evaluated and replaced with a modern incentive. The author also recommends reforming cooperative benefit programs and how the state can influence them (Collins & Ringhand, 2013).

Effects of the Author’s Recommendations on the Criminal Justice System

The recommendations provided by the author of the article can positively impact the current state of affairs of the criminal justice system. This supposition can be justified by the fact that federal agencies are fully engaged in constitutional activities (Marion & Oliver, 2012). The author claims that the effects of administrative constitutionalism are rather unconventional and should be monitored by legislative executives.

Assessment of the Journal Article

The article presents relevant evidence concerning the rights of the poor and the methodology which enables administrative equal protection. There is sufficient evidence to draw conclusions relating to the impact of federalism on society. State welfare laws are in danger and the author of the article is keen on conveying the idea that standardized legislation should be developed to eliminate the problem.

The Effect the Author’s Recommendations Have on Social Justice

The ultimate impact of the author’s recommendations on social justice cannot be predicted. Nonetheless, the author sees equal protection as an ability to trigger a positive outcome and satisfy all the parties involved in the so-called “conflict” (Gaines, 2014). In the end, the Constitution should protect the poor from prejudice and the legislative body of the United States should do everything to enable the Equal Protection Clause to function properly.

References

Collins, P. M., & Ringhand, L. A. (2013). Supreme Court confirmation hearings and constitutional change. New York, NY: Cambridge University Press.

Gaines, L. K. (2014). Homeland security: A new criminal justice mandate. In S. L. Mallicoat & C. L. Gardiner (Eds.), Criminal justice policy (pp. 67-87). Thousand Oaks, CA: Sage Publications.

Marion, N. E., & Oliver, W. M. (2012). The public policy of crime and criminal justice (2nd ed.). Upper Saddle River, NJ: Prentice Hall.

Tani, K. (2015). Administrative equal protection: Federalism, the Fourteenth Amendment, and the rights of the poor. Cornell Law Review, 100(825), 827-890.